[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Proposed Rules]
[Pages 68199-68200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32971]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO-010-1010; FRL-5671-3]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to Missouri's State 
Implementation Plan (SIP) concerning Missouri rules 10 CSR 10-2.260 and 
10 CSR 10-5.220, ``Control of Petroleum Liquid Storage, Loading, and 
Transfer.'' The purpose of these revisions is to modify the required 
testing periods for delivery vessels in the Kansas City metropolitan 
area and in the St. Louis nonattainment area. These revisions are 
designed to reduce volatile organic compound emissions from the loading 
and unloading of gasoline delivery vessels. The reduction in emissions 
is part of the state's plan under the Clean Air Act to reduce ozone 
levels in the St. Louis nonattainment area. This action will also 
ensure progress toward improved air quality in Kansas City.

DATES: Comments must be received on or before January 27, 1997.

ADDRESSES: Comments may be mailed to Stan Walker, Environmental 
Protection Agency, Air Branch, 726 Minnesota Avenue, Kansas City, 
Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Stan Walker at (913) 551-7494.

[[Page 68200]]

SUPPLEMENTARY INFORMATION: On February 1, 1996, the state of Missouri 
submitted revisions to Missouri rules 10 CSR 10-2.260 and 10 CSR 10-
5.220, ``Control of Petroleum Liquid, Storage, Loading, and Transfer.'' 
These revisions were adopted after proper notice and public hearing. 
The hearing was held on July 27, 1995. Revisions to 10 CSR 10-2.260 are 
being submitted to help Kansas City maintain the ozone standard. 
Revisions to 10 CSR 10-2.250 are being submitted as part of the state's 
plan to attain the ozone standard in St. Louis.
    The amendment to Missouri rule 10 CSR 10-2.260 (specific to the 
Kansas City metropolitan area) changes the periods for testing tank 
trucks that have rubber hoods from April 1 through July 1 to January 1 
through May 30 of each year. The purpose of requiring tank trucks with 
rubber hoods to be tested during the aforementioned schedule is to give 
the state an opportunity to identify problems or possible leaks in the 
gasoline transfer process before the ozone season. The testing period 
for aluminum hoods will take place in the period of January 1 through 
December 31 of each year. Requiring tank trucks with aluminum hoods to 
be tested during the previously mentioned schedule provides the state 
the opportunity to test trucks before the ozone season, but also 
provides the flexibility to continue testing throughout the year. In 
addition, the revisions add two forms for reporting. One form is a leak 
test application which is to be completed by the owner or operator of 
the facility and provided to the director. The second form is a request 
for exemption form which is to be completed by facility personnel to 
request an exemption.
    The amendment to Missouri rule 10 CSR 10-5.220 (specific to the St. 
Louis nonattainment area) requires bulk plants to use two new forms. 
One form requires bulk plants to report the throughput when they apply 
for an exemption. This form provides documentation for eligible 
facilities to seek an exemption. The second revision requires sources 
to submit an application form to obtain a sticker that certifies 
passage of required tests by gasoline tank trucks.

I. Proposed Action

    The EPA is proposing to approve amendments to rules 10 CSR 10-2.260 
and 10 CSR 10-5.220 as a revision to the Missouri SIP.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors, and in relation to relevant statutory and 
regulatory requirements.

II. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5. U.S.C. 600 et seq., the 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, Part D of the 
Clean Air Act (CAA) do not create any new requirement, but simply 
approve requirements that the state is already imposing. Therefore, 
because the Federal SIP approval does not impose any new requirements, 
the Administrator certifies that it does not have a significant impact 
on any small entities affected. Moreover, due to the nature of the 
Federal-state relationship under the CAA, preparation of a regulatory 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The CAA forbids the EPA to base its 
actions concerning SIPs on such grounds (Union Electric Co. v. U.S. 
E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2)).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, the EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action proposed does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either state, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves 
preexisting requirements under state or local law, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: November 26, 1996.
Dennis Grams,
Regional Administrator.
[FR Doc. 96-32971 Filed 12-26-96; 8:45 am]
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